231552-1936-Supplementary-Draft-Bills--Public-Health-Animals-and-Birds-Amendment-Public-Health-Food-Amendment-Public-Health-Sanitation-Amendment — Page 4

779

(b) by the deletion of the words "and may order the articles seized to be restored" at the end of the section and by the substitution therefor of the words "and may order to be paid by way of compensation such sum of money not exceeding the market value of the food seized as he may consider reasonable."

5. Section 4 (6) of the Public Health (Food) Ordinance Repeal is repealed.

of Ordinance No. 13 of 1935, s. 4 (6).

6. Section 5 of the Public Health (Food) Ordinance, Amendment 1935, is amended-

of Ordinance No. 13 of

(a) by the deletion from sub-section (2) thereof of the 1935, s. 5. following words "and the fixing of fees to be charged in connection therewith”, and

(b) by the insertion of the following sub-section, number- ed (13A) immediately after sub-section (13) thereof:---

(134) The fixing of fees to be charged in connection with any of the above matters.

7. The following sections are inserted in the Health (Food) Ordinance, 1935, immediately after 9 thereof:-

Public New section

actions 10,

11, 12, 13 and 14 added to Ordinance No. 13 of 1935.

absence of

10. In the absence of an officer of police it shall be Power of lawful for any officer of the Sanitary Department in whose arrest in presence an offence against any of the provisions of this police officer. Ordinance or of any by-law made thereunder has been committed, to arrest the offender and either give him into the custody of an officer of police or take him to the nearest police station Provided that no such arrest shall be effected except in a public place or place of public resort or unless it is impracticable to proceed against the offender by com- plaint and summons.

to New

11. This Ordinance and the regulations and by-laws Application made thereunder shall not apply to any part of the New of Ordinance Territories, except New Kowloon, unless and to such extent Territories, as the Governor in Council shall by order otherwise direct.

etc.

Governor in Council

any person

with under this

12.—(1) Whenever any person is dissatisfied with the Appeal to exercise of the discretion of the Urban Council or

of

any person to whom discretionary power is given under this Ordinance in against respect of any act, matter or thing which is by this Ordinance decision of made subject to the exercise of the discretion of such authority, entrusted or with any action or decision of the Council or of any such power person either as to the carrying out of or the meaning of any Ordinance. of the provisions of this Ordinance, or whenever any of the provisions of this Ordinance are, owing to special conditions, undesirable, the person so dissatisfied may, unless proceedings have already been taken before a magistrate in relation thereto, appeal to the Governor in Council, who, if in his opinion the exercise of such discretion or such action or decision requires modification, revocation or setting aside, or such special conditions exist as render any such provision undesirable, may make such order in respect thereof as may be just.